Kostov v YPOL Pty Ltd [2016] NSWSC 961

Supreme Court New South Wales

Medium Neutral Citation: Kostov v YPOL Pty Ltd [2016] NSWSC 961 Hearing dates: 7 July 2016 Date of orders: 11 July 2016 Decision date: 11 July 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Refuse leave to the plaintiff to amend her statement of claim. (2) Dismiss the proceedings against the first defendant. (3) Set aside service of the statement of claim upon the second defendant. (4) Order the plaintiff to pay the costs of the first defendant and the second defendant of and incidental to the proceedings. Catchwords: PROCEDURE – pleading – amendment – application for leave to amend – whether amendment futile – where statement of claim discloses no reasonable cause of action – summary dismissal – UCPR Schedule 6 – whether statement of claim properly served outside Australia Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Clark v Auspicious Yacht Sales [2006] NSWSC 37 Fitzwood Pty Ltd v Unique Goal Pty Ltd (in liq) (2001) 188 ALR 566 Hardware Services Pty Ltd v Primac Association Ltd [1988] 1 Qd R 393 Kostov v YPOL Pty Ltd [2016] NSWSC 827 Thors v Weekes [1989] FCA 795; (1989) 92 ALR 131 Category: Procedural and other rulings Parties: Adriana Kostov (Plaintiff) YPOL Pty Ltd (First Defendant) Jeffrey Easton (Second Defendant) Representation: Counsel: M Cairns (First Defendant)

Solicitors: Sparke Helmore (First Defendant) Squire Patton Boggs (Second Defendant) File Number(s): 2016/131955 Publication restriction: Nil